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COPYRIGHT 101

Atty. Ginalyn M. Sacmar-BadiolaAttorney IV/Bureau of Legal Affairs

Intellectual Property Office

How is copyright acquired?

Works are protected by the sole fact oftheir creation, irrespective of the modeor form of expression, as well as theircontent, quality and purpose.

Sec. 172.2

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“… The constitutional requirement (oforiginality) necessitates independentcreation plus a modicum of creativity…there is nothing remotely creativeabout arranging names alphabeticallyin a white pages directory. It is an age-old practice, firmly rooted intradition and is so commonplace thatit has come to be expected as a matter ofcourse.”

Feist Publications v. Rural Telephone(499 U.S. 340, 111 S. Ct. 1282, 1991)

Originality + Creativity = Copyright

Copyright Deposit

At any time during the subsistence of the copyright,the owner of the copyright or of any exclusive right inthe work may, for the purpose of completing therecords of the National Library and the Supreme CourtLibrary, register and deposit with them, by personaldelivery or by registered mail, two (2) completecopies or reproductions of the work in such form asthe Directors of the said libraries may prescribe inaccordance with regulations: Provided, That onlyworks in the field of law shall be deposited with theSupreme Court Library. Such registration and depositis not a condition of copyright protection.

Sec. 191, IP Code

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Idea/Expression Dichotomy

Only the expression of anidea is protected bycopyright, not the ideaitself.

Pearl & Dean Inc. vs. Shoemart Inc.

[G.R. No. 148222. August 15, 2003]

idea, concept, principle

procedure, system, method or operation

discovery or mere data

news, items of press information

official text, translation of laws

work of the government

Sec. 175

Unprotected Subject Matter

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What are protected by copyright?

Original Literary & Artistic Works

� Books & other writings;

� Periodicals;

� Lectures, addresses;

� Letters;

� Dramatico-musical comp;

� Musical compositions;

� Drawing, painting, architecture, sculpture;

� Ornamental designs, applied art;

� Illustrations, maps;

� Drawings or plastic work;

� Photographs;

� Audiovisual works;

� Illustrations & ads;

� Computer programs;

� Other literary, scholarly, scientific, artistic works.

Sec. 172.1

What are protected by copyright?

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• Reproduction

• Transformation

• First public distribution

• Rental

• Public display

• Public performance

• Communication to the public

Economic Rights

• Attribution

• Alteration prior to/withhold

from publication

• Object to prejudicial distortion

• Restrain use of name

Moral Rights

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Right of Reproduction

"Reproduction" is the

making of one (1) or more

copies, temporary or

permanent, in whole or in

part, of a work or a sound

recording in any manner or

form without prejudice to theprovisions of Section 185 of

this Act.

Sec. 171.9, IP Code

Who owns the copyright?

literary & artistic works author

works of joint authorship co-author

joint works, separable parts @ part’’’’s author

work not part of regular duties employee

work part of regular duties employer

commissioned works creator

audiovisual works producer, director, etc.

letters writer

Sec. 178

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What constitutes copyright violation?

(a) Directly commits an infringement;

(b) Benefits from the infringing activity of anotherperson who commits an infringement if the personbenefiting has been given notice of the infringingactivity and has the right and ability to control theactivities of the other person; or

(c) With knowledge of the infringing activity,induces, causes or materially contributes to theinfringing conduct of another.

Sec. 216

What constitutes copyright violation?Habana et al., v. Robles (GR No. 131522, July 19, 1999)

College English for Today

Page 404

Developing English Today

Page 73

Items in dates and addresses:

He died on Monday, April 15, 1975.

Miss Reyes lives in 214 Taft Avenue,

Manila

He died on Monday, April 25, 1975.

Miss Reyes address is 214 Taft

Avenue Manila

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College English for Today

Page 250

Developing English Today

Page 100

Example on parallelism or repetition of

sentence structures:

The proposition is peace. Not peace

through the medium of war; not peace to

be hunted through the labyrinth of

intricate and endless negotiations; not

peace to arise out of universal discord,

fomented from principle, in all parts of the

empire; not peace to depend on the

juridical determination of perplexing

questions, or the precise marking of the

boundary of a complex government. It is

simple peace: sought in its natural course,

and in its ordinary haunts. It is peace

sought in the spirit of peace, and laid in

principles purely pacific.

- Edmund Burke, Speech on Criticism

On the topic of parallel structure and

repetition:

The proposition is peace. Not peace

through the medium of war; not peace to

be hunted through the labyrinth of

intricate and endless negotiations; not

peace to arise out of universal discord,

fomented from principle, in all parts of the

empire; not peace to depend on the

juridical determination of perplexing

questions, or the precise marking of the

boundary of a complex government. It is

simple peace: sought in its natural course,

and in its ordinary haunts. It is peace

sought in the spirit of peace, and laid in

principles purely pacific.

No acknowledgement of author

Lifting and Failure to Acknowledge

We believe that respondent Robles’ act oflifting from the book of petitionerssubstantial portions of discussions andexamples, and her failure to acknowledgethe same in her book is an infringement ofpetitioners’ copyrights.

Habana, et al., v. Robles

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Substantial Reproduction

When is there a substantial reproduction of abook? It does not necessarily require that theentire copyrighted work, or even a large portionof it, be copied. If so much is taken that thevalue of the original work is substantiallydiminished, there is an infringement ofcopyright and to an injurious extent, the workis appropriated.

Habana, et al., v. Robles

Are there limitations to copyright?

• Statutory Fair Use: Quotations

The making of quotations from a published

work if they are compatible with fair use andonly to the extent justified for the purpose,

including quotations from newspaper articlesand periodicals in the form of press summaries:

Provided, That the source and the name of theauthor, if appearing on the work, are mentioned;

Sec. 184.1(b)

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Are there limitations to copyright?

• “Limitations to the limitations”

The provisions of this section shall beinterpreted in such a way as to allow the workto be used in a manner which does not conflictwith the normal exploitation of the work anddoes not unreasonably prejudice the rightholder's legitimate interest.

Sec. 184.2

• Fair Use

The fair use of a copyrighted work for

criticism, comment, news reporting,teaching including limited number ofcopies for classroom use, scholarship,

research, and similar purposes is not an

infringement of copyright…

Sec. 185.1

Are there limitations to copyright?

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• Fair Use: Factors

(a) Purpose and character of the use, including

whether such use is of a commercial nature or

is for non-profit educational purposes;

(b) Nature of the copyrighted work;

(c) Amount and substantiality of the portion used

in relation to the copyrighted work as a whole;and

(d) Effect of the use upon the potential market foror value of the copyrighted work.

Sec. 185.1

Are there limitations to copyright?

Work of the Government of the Philippines

A work created by an officer oremployee of the Philippine

Government or any of itssubdivisions and instrumentalities,

including government-owned or

controlled corporations as part of his

regularly prescribed official duties.

Sec. 171.11, IP Code

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No copyright shall subsist in any work of the

Government of the Philippines. However, prior

approval of the government agency or office

wherein the work is created shall be necessary

for exploitation of such work for profit. Such

agency or office may, among other things,impose as a condition the payment of royalties…

Sec. 176.1, IP Code

Work of the Government of the Philippines

Work of the Government of the Philippines

… No prior approval or conditions shall berequired for the use of any purpose of statutes,

rules and regulations, and speeches, lectures,sermons, addresses, and dissertations,

pronounced, read or rendered in courts of justice,

before administrative agencies, in deliberative

assemblies and in meetings of public character.

Sec. 176.1, IP Code

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“DepEd Works”: Permissions Needed

Non-copyrighted Works

� made by government employees in the course oftheir regularly-prescribed duties in DepEd

� no permission needed, just acknowledgeauthor

� made by government employees in the course oftheir regularly-prescribed duties in other governmentagencies

� no permission needed, just acknowledge sourceand author; permission needed from theconcerned government agency if use is for profit

� in the public domain

� no permission needed, just acknowledgeauthor

Copyrighted Works

� made by authors/creators who are notgovernment employees

� permission needed from theauthor/collective managementorganization (CMO)/any entityowning the copyright over the work

“DepEd Works”: Permissions Needed

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Copyrighted Works

� made by government employees NOT in the courseof their regularly-prescribed duties in DepEd

� permission needed from the author/collectivemanagement organization (CMO)/any entityowning the copyright over the work

� made by government employees NOT in the courseof their regularly-prescribed duties in othergovernment agencies

� permission needed from the author/collectivemanagement organization (CMO)/any entityowning the copyright over the work

“DepEd Works”: Permissions Needed

Copyrighted Works

� made by government employees NOT in the courseof their regularly-prescribed duties in DepEd butassigned to DepEd

� permission needed from DepEd

� made by government employees NOT in the courseof their regularly-prescribed duties in othergovernment agencies but assigned to such agencies

� permission needed from such agencies

“DepEd Works”: Permissions Needed

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Copyrighted Works

�made by government contractuals/consultants

� permission needed from suchcontractuals/consultants

� made by government contractuals/consultantswhose terms of reference or contracts provide forassignment of copyright to the governmentagency who hired them

� permission needed from such agencies

“DepEd Works”: Permissions Needed

Copyright infringement ≠ Plagiarism

“[T]he 8th edition of Black’s Law Dictionary definesplagiarism as the ‘deliberate and knowingpresentation of another person’s original ideasor creative expressions as one’s own.’ Thus,plagiarism presupposes intent and a deliberate,conscious effort to steal another’s work andpass it off as one’s own.”

In the Matter of the Charges of Plagiarism, etc., against Associate Justice

Mariano C. Del Castillo, A.M. No. 10-7-17-SC, October 12, 2010

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“[P]lagiarism per se is not punishable as acrime under the IPC unless it alsoamounts to copyright infringement.”

Department of Justice Advisory Opinion No. 02

18 September 2012

Copyright infringement ≠ Plagiarism

A plagiaristic act may constitute copyrightinfringement if such act involves the following:

� substantial copying of a work;� such work is copyright-protected;� the infringer had access to such work; and� the author or copyright owner of such workdid not give his consent to the copying.

Plagiarism = Copyright infringement when…

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Plagiarism may consist in doing the following acts without proper attribution:

� Word for word copying;� “Cut-and-paste” several works and combine them to produce a composite work.

� Paraphrase a work;� Adopt the outline of a work or the manner in which the author developed his ideas

Based on the 2014 Revised

Thesis Rules of the

Graduate Legal Studies

Institute, Law Thesis Center,

Ateneo de Manila Law

School citing

http://education.arts.unsw.

edu.au/media/File/2_GENT

1501_Gifted_and_Talented

_Students_Recognition_and

_Respon

se_S1_2010.pdf >; also in

GUIDELINES AND RULES ON

STUDENT PLAGIARISM

HANDBOOK FOR STUDENTS

(As at 1 June 2005 - for

coursework students only)

by the University of New

South Wales, adopting the

same from the

University of Melbourne.

Acts constituting Plagiarism

Thank you!

Intellectual Property Office of the Philippines

Intellectual Property Center,# 28 Upper McKinley Road, McKinley

Hill Town Center,Fort Bonifacio, Taguig City

238-6300 loc. 121/122 www.ipophil.gov.phmail@ipophil.gov.ph